Legal services (legal assistance) in litigation on the recognition of contracts as not concluded
The contract is considered concluded if the parties, in the form required in the relevant cases, reach an agreement on all the essential terms of the contract.
Essential are the conditions on the subject of the contract, the conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached.
It is also important to comply with the form of the contract (a contract subject to state registration or notarization must necessarily go through these procedures).
Unconcluded contracts do not entail legal consequences for the parties. At the same time, in case of partial fulfillment of the terms of the contract by one of the parties, the courts recognize the other party as obliged to return the executed. It is important to note that if the party to the transaction accepted the performance, this actually indicates that the contract is considered concluded, despite the presence of certain violations in terms of specifying the essential terms of the contract. This serves as a basis to reject the requirement to recognize such an agreement as not concluded.
According to judicial practice, there is a need to comply with a mandatory pre-trial procedure in cases of recognizing contracts as not concluded.
Disputes on the recognition of contracts as not concluded are subject to consideration both by arbitration courts (on disputes arising from economic legal relations) and by courts of general jurisdiction.
When considering disputes of this category, the court pays special attention to the assessment of evidence, as well as to the prevention of abuse by the parties in the case of their rights. Thus, the recognition of contracts as not concluded as part of the unfair behavior of the parties, pursuing the goal of obtaining material benefits in violation of the rights of the other party, is unacceptable.